T.RAJA
Minor M. Balaji and others rep. by his father M. Murugesan – Appellant
Versus
S. Venkatachalam – Respondent
T. Raja, J.
These three Appeals have been filed by the Appellants/Claimants, being the members of the same family, namely, husband, wife and minor son, challenging the common Award passed in M.C.O.P.Nos. 207, 209 & 206 of 2008 respectively dated 27.12.2010 by the Motor Accidents Claims Tribunal (Additional District Judge), Fast Track Court No.1, Erode restricting the Compensation payable to them at 50% on the ground of Contributory Negligence.
2. Mr. N.Manokaran, learned counsel for the appellants, assailing the impugned common award, pointed out the following infirmities committed by the Tribunal :
(i) The fixing of contributory negligence on the part of the Appellants/Claimants at 50%, merely on the ground that four persons, namely, husband, wife and two kids travelled in the motor-cycle, without there being any evidence to show that the driver of the motor-cycle had caused the accident, is not legally sustainable.
(ii) The non-production of the Driving Licence by P.W.1 cannot be put against the claimants, when it was not even seriously disputed by the Respondent-Insurance Company. Moreover, the non-production of the driving licence of P.W.1 was also not the subject matter
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